In 2009, the European courts have generally
refrainedfrom annuling cartel decisions adopted by the
European Commission.

Theyhave accepted, in most cases, the fine imposed
by the commission.

Theyhave confrmed that fines can be calculated on
the basis of theturn over realised by mother companies.

The European Court of Justice (ECJ) has annulled only a handfulof
European Commission Article 101 TFEU (ex Article 81 EC Treaty)decisions
in 2009. Indeed, it has seemingly only done so wherethere
has been a clear violation of an undertaking's fundamentalrights,
such as the right to equal treatment or the right tobe
heard.